Appellate Division: Second Judicial Department

M70879

E/sl

PETER B. SKELOS, J.P.

HOWARD MILLER

EDWARD D. CARNI

CHERYL E. CHAMBERS, JJ.

2008-02100 Mark Musachio, respondent, v Annmarie Musachio, appellant. (Index No. 21672-04)

DECISION & ORDER ON MOTION

Motion by the respondent (1) to modify a decision and order of this court dated March 28, 2008, which stayed enforcement of the custody and child support provisions of an order of the Supreme Court, Suffolk County, dated February 29, 2008, pending hearing and determination of an appeal from the order, on condition, inter alia, that the appellant provide the respondent with supervised therapeutic visitation, (2) to strike the appellant's reply brief, (3) for an award of costs and an attorney's fees and to impose a sanction upon the appellant based on the submission of the reply brief, and (4) to refer the matter to the Grievance Committee.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are to strike the appellant's reply brief, for an award of costs and an attorney's fee and to impose a sanction upon the appellant based on the submission of the reply brief, and to refer the matter to the Grievance Committee are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to modify the decision and order of this court dated March 28, 2008, is denied.

SKELOS, J.P., MILLER, CARNI and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court